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252 Ala. 371

41 So.2d 197

Kent v. State

Supreme Court of Alabama

Decided June 16, 1949

Supreme Court of Alabama · decided 1949-06-16

Relies on Robinson v. State · Ex parte Davis · Birmingham Southern R. Co. v. Goodwyn

Good law ✅— No negative treatment on recordhow we know

Decided 1949-06-16

How this case has been cited

Cited by 14 later decisions — most recently August 2010

14 state decisions

11019491950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BROWN, Justice.

¶1 By a long line of decisions commencing with Ex parte Steverson, 177 Ala. 384, 58 So. 992, it has been consistently held that this Court will not issue certiorari to review the decisions of the Court of Appeals on any questions of fact or the application of the law to the facts as found by the Court of Appeals in the absence of a full statement of all the evidence in the opinion, of. .that Court, affording adequate bases for review. Birmingham Southern R. Co. v. Goodwyn, 202 Ala. 599, 81 So. 339; Reichert Milling Co. v. George, 230 Ala. 3, 162 So. 393.

¶2 Written instruction 8, refused to the defendant, was an invasion of the province of the jury. Ex parte Davis, 184 Ala. 26, 63 So. 1010; Burkett v. State, 215 Ala. 453, 111 So. 34; Robinson v. State, 243 Ala. 684, 11 So.2d 732. The petition for certiorari in the main seeks to review the Court of Appeals on the findings of fact from the evidence and the only question of law presented by the petition relates to the refusal of charge 8.

¶3 The petition for the writ of certiorari on 'the .principles and authorities stated above is due to be denied and, therefore, is denied and dismissed.

¶4 Writ denied and petition dismissed.

FOSTER, LIVINGSTON, and SIMPSON, JJ., concur.
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